Re: The license

[Richard Braakman <dark@xs4all.nl>]

I can't make sense of that sixth paragraph at all.  Or rather, I can,
but the result doesn't seem reasonable.  I can't even tell what they
are trying to accomplish.  I certainly would never sign a contract
with this paragraph in it.

Dissection:

> In the event an intellectual property claim is made or appears likely
> to be made with respect to the Software, 

i.e. "whenever we want".  All software is threatened by software patents,
and in any case it doesn't say here that the claim has to have solid
grounds.  And it also doesn't say whose claim!  Does this paragraph
go in effect when IBM is thinking of suing someone over this license?

> you agree to permit IBM to enable you to continue to use the Software,

What does this mean?  I can already continue to use the Software. 
How could IBM "enable" this, and why do I need to "permit" them?

This reads like a blanket permission for IBM to do _whatever they need
to do_ to "enable" this.  In what cases would I not want to be so
enabled?  One thing I can think of is that IBM decides to charge for
use.  By offering me an expensive license, they enable me to continue
to use the software.

> or to modify it,

Huh?  I agree to permit IBM to modify my mail system?  No way.

> or replace it with software that is at least functionally equivalent.

This is identical to revocation of the license.  There already is
functionally equivalent software out there (qmail, exim), and 
I wanted that I would be running it.  "functionally equivalent"
also says nothing about the license.  I wouldn't want a non-free
mailer in any case.

> If IBM determines that none of these alternatives is reasonably available,

i.e. the preceding three clauses aren't even a promise on their part,

> you agree, at IBM's request, upon notice to you, to discontinue further
> distribution of the Software and to delete or destroy all copies of the
> Software you possess.

Well the preceding sentence already allowed for this (what else would
"replace it" mean?), but this makes explicit what happens when the
license is revoked.

Note that this could be an expensive operation.  It might, for
example, mean the destruction of a lot of archived CD-ROMs.  It goes a
lot further than an order to refrain from use or distribution.

> This is IBM's entire obligation to you regarding any claim of
> infringement.

Now what does this mean?  The whole paragraph is based on "you agree".
I don't see IBM state any obligation to me.

Richard Braakman